New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-03-17
CLEARY's NARROW ESCAPE.
,rnay BARRETT ALMOST SENDS HIM TO
THE TOMBS.

-JrJDGE BARRETT TAKES CLEARYS LAWYERS
TO TAsx-sTILL WORKING ON THE JURY.
r.. Skater. Daniel Dougherty and John Vincent may
4. clever lawyers, but they came within hairs
breadth of landing Thomas Cleary, their Client IN the
Tombs vssterday. Indeed, the danger OF that result
at the little game they played is not yet passed
Judre Barrett finally concluded to think it over. but
uness he makes up his mind to-day that the purpose
~ their scheme vas not to give Cleary opportunity
10 run OF to CANADA it will 90 hard with Cleary: Inc
judpes mind eserday leaned decidedly 10 the theor
That Nessrs Skater and Vincent had not acted IN gooo
faith The Judge knowetb the way OF the crafty law.
YER He has not been on the bench score OF years
Tor nothing. .. nan. ,store Just;ce
Patterson sitting In the Supreme Court
md ore ented long affidavit reciting the difhcuities
that had been met in getting Jury na 3our Javs oc
smnied In getting Jaennes Jury; that ZoU talesmeh
hal been summoned and eight days occupied IN IN eae
anne work 10 the second McQuade tial and tnat o
fsIesmen had been called and tour days occupied IN
ONeirs case. In this 40 Jurors had been called
474 sworn and examined anu GnS 40 70 show mo-
breiuSiced the public mind and quoted remark
made by Ju ige Barrett during the present tra that
condition of things he asked Justice Patterson tor
stay Of proceedings Tor ten days penclng an aPpoa-
ton for q change OF venue
The Judge took the papers ana after reading them
roie on The back that he had considered the request
made but IT appearing that the trial was in progress,
be could only DENY the motion and refer the papers TO
to Judge Barrett
ANIMATED TALK WITH THE JUDGE.
When the panel for the day was exhausted and
court about to adjourn, Judge Barrett said quietly
81 desire counsel to come to my desk. wish to
speak with them" Mr.. MARITIME, Mr.. Nicol and Mr.
the M h
bench. There ras scarcely room for all and they
leaned over each Other cranng their neeks 50 as to
For half nm our lively discussion was carried on
An voices that scarcely rose above murnur but 1t
Wa easy to see that It's subject was OF the utmost
a, avity Cleary, sitting twents feet away could not
hear word but he al.ne OF all the people in the room
knew what it was about and hi. eyes never ieft the
eacited knot Of lawyers that encrcled the Judge,
Soon Il became whispered about that Messrs Sha'er
and Vincent bad made attempt to get stay OF pro-
ceedngs aud a change OF venue; The news was
brought BY the reporters in Justice Pattersons court
II spread about the and every one became more
intent In watching the whispering end eesteuiating
group Judge Bsrretts face was cold and severe; 1t
to see that h. was excited ont ne mas
and its expression that OF man who was listening
to what he found It difficult to believe He spoke
profoundly disturbed. He talked e1citedy and
e be pleading and hn ks NJ Mo,nc
said little and Mr. N,coll smiled 1t was the smile of
one who felt that the funeral was not his Finally the
Judge showed his char back and slightly relaxed the
ssyiug that he bad heard all he cared to hear. The
LAWYERS Withdrew those engaged in the defence wear
Ing an anxioua look II the hole had not been en-
tirely escaped. The Jurors turned theiI eyes from
couuse to court and from court to counsel but they
did NOT get the satsacon of learning the cause OF the
commot'on. The Judge merely addressed to them ms
usual caution against talking or reading about the
case and babe them he in thei places promptly to-day
ALMOST PERSUADED TO COMMIT cLEARY.
When the court had adjourned the lawyers were
besieged by reporters and others desiring to know
what was said during their animated conversation
with the Judge, but they declined TO speak Judge
Barrett, however, after consulting with 'hem' made
this statement:
An application made by counsel for MI Cleary to M
.1: S1sr the s9s OF s
could days hence to change the place o. .Ia
p pSSSc feeling against the defendant The DIM
So Of ME- the eject s s
them anS s I o 9n f the son
me this being brought to my attention. and showing as
entirety Sia 'as sls
be m%inent and that the ene T, OF s.a" rSs snSh
;oparsys ss the sS iria for an
winch provides such applications must be made before
ss p might % @
the counsel iOgether and indicated TO them my
ssSry the apRsa'ion might
70 s%% Without he least hope s1R'''aicn
isnan s being r sss'''9 hey and a!s
,h IL tnsr for
h%ss and ., hey woSd neSe''1Ty s ,isn BAN
twas that emanatea from him Girsey and that con
cause him temporary en- and NAT Sense paps
s s% SG Ssas s T T.ay i'
commitment mis- evening but you'd give CIV,
tomorrow before the was over would decide definitely
from day to day, or whether would commit him.
ing Of III, aPPeason 6im eysds
and aTs upon Tefe S% the shs SGS URS a
not the Of the to eyae the a OF
l s ssr ss Of syfpt hat
SSrpo.s d seens an an o
further TO night and make up my mind about IT,
The Judge saws that the effect of the order asked for
would be to paralyze the trial. the order ,cas re-
specd II is inferred from this that he would not have
paid the slightest attention to such an order even had
the IMPLICATION having been made in absolute de-
Nanee Of the law I" shows what he thought about it,
INDULGENCE TO THE DEFENDANT
There is reason to believe that verbatim report OF
what said at the consultation around the Judges
desk would make spicy reading. There is reason TO
believe that The rebuke administered to the defendants
lawyers was of kind they are likely TO remember
that Judge Barrett made them understand that the
sole business before his court was the trial OF Cleary
and that he would tolerate any evasve Irregular
Crocredngs that Cieary should have fair impartial
1rial-no more and no less
Mr. Vincepts affidavit shows that one Juror ont OF
every ten examined has proved qualified and compe-
tent Considering the nature OF the indictment and
tho public neres: naturally excited in crimes alleged
against public officials. competent juror in every
ten examined is an excellent average. Any one who
has attended the trial from day to day knows that the
trouble getting jury has been doe far less to the
miserable character OF the persons furnished Jurors
by Commissioner Reilly Two-thirds OF the 700 per,
sons summoned in this trial have been stupid and
ignorant foreigners Fully half the really intelligent
men, capable OF exercising judgment in case of this
kind, have qualified. Besides, the Judge has en- c1-
tremely indulgent lie has sat only four hoars day.
and has tolerated the discursive examination OF
iurora He has exercised his discretion time and again
against perfectly competent jurors because they
paused ten seconds before saying that their pres
snt opinions would not influence them. The defendant
has had every indulgence he could get under the law
The Judge had set out with tho intention of getting
m intelligent and unbiased Jury ii 1t took him ill
1ext summer, and considering the kind OF humanity
that has been TAXED out Of Commissioner Reillys
Wheel the nearly completed work has taken marvel
lsusly short time.
THE JURY NOT YET COMPLETED.